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Forum
Started Jan 11 2013, 01:26
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Jan 11 2013, 01:26
Wrongful death claims are claims arising from a negligent or intentional action that causes the death of another. Most commonly brought by a deceased loved one’s surviving family or estate, a wrongful death claim is a civil claim filed with the intent of recovering monetary damages. Wrongful death claims do not have any criminal ramifications, and a party found liable for the wrongful death of another cannot be imprisoned. Monetary damages are the only form of redress available. Criminal claims, brought by the State, are a separate and distinct entity. Often, wrongful death claims arising out of criminal activity commence after the criminal trial.
Wrongful death claims can be filed in nearly any type of personal injury case that leads to the death of another. Car accidents, asbestos, slip and falls, medical malpractice, product liability—all of these types of cases can lead to or contain wrongful death claims. Criminal cases such as murder or manslaughter can only be brought against individual people. And while they can also lead to wrongful death claims, regardless of whether a defendant is found guilty or innocent, a company cannot be found guilty of a crime. Wrongful death suits are the only mechanism whereby loved ones may attempt to hold a corporation liable for the death of another. For example, OJ Simpson was found not guilty of murder but was subsequently found liable for wrongful death in a civil trial. He faced both civil and criminal charges. Companies that used asbestos in their products cannot be charged with murdering the users of their products that developed mesothelioma and died, but those companies have been found civilly liable for the wrongful death of thousands, and have paid billions of dollars in damages.
ID#12646042
Ga lukas
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